Patna High Court
Sanoj Kumar @ Sanoj SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted because the petitioner was not present at the time of the alleged offence and has a clean antecedent.
Summary
Sanoj Kumar was arrested in connection with a dowry‑death case (Motipur P.S. Case No. 208 of 2025) under Sections 85, 80 and 3(5) of the B.N.S. The prosecution alleged that he, along with co‑accused, killed the informant's daughter for dowry. The petitioner claimed a clean antecedent and that he was in Gujarat at the time of the incident, supported by mobile‑tower data and a suicide finding in the investigation report. The Additional Public Prosecutor opposed bail, but the court considered the lack of presence, the suicide conclusion, and the petitioner's clean record. The court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial cooperation, presence, and non‑tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedent without delaying release.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the dowry‑death allegations
- Whether the petitioner’s alleged absence from the scene, as indicated by mobile‑tower data and the suicide finding, negates the risk of flight or tampering
- Whether the petitioner’s clean antecedent warrants bail
Legislation cited
- B.N.S. — s. 3(5), 80, 85
Subjects
- bail
- dowry death
- suicide
- mobile tower location
- criminal antecedent
- Sections 85, 80, 3(5) B.N.S.
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80983 of 2025
Arising Out of PS. Case No.-208 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Sanoj Kumar @ Sanoj Sah Son of Raj Kumar Sah @ Munna Sah R/o Village-
Sardha Jahangirpur, P.S.- Motipur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ugresh Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Ugresh Kumar, learned counsel for the
petitioner and Mr. Pramod Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
01.08.2025 in connection with Motipur P.S. Case No. 208 of
2025, F.I.R. dated 23.06.2025 for the offences punishable under
Sections 85, 80, 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have killed the daughter of the
informant due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has not committed any
offence as alleged in the FIR. Learned counsel further submits
that the petitioner was not present at the time of occurrence.
Patna High Court CR. MISC. No.80983 of 2025(3) dt.22-01-2026
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During investigation, in paragraph no. 21 of the case diary, it
has come that deceased has committed suicide herself and the
petitioner was working at Gujarat and petitioner has got
knowledge about the present occurrence by his brother. The
mobile tower location of the petitioner suggests that the
petitioner was present at Gujarat at the time of occurrence. He
further submits that the police after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 01.08.2025.
5. Learned APP for the State have vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and also the fact that the petitioner has clean antecedent and also
the fact that the petitioner was in Gujarat at the time of
occurrence, let the petitioner, above named, be released on bail
on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned J.M.F.C. Court No. 8, Muzaffarpur West, District-
Muzaffarpur in connection with Motipur P.S. Case No. 208 of
2025, with the following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.80983 of 2025(3) dt.22-01-2026
3/3
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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